Text
1. The Defendant’s KRW 46,881,80 for the Plaintiff and 6% per annum from November 21, 2018 to July 25, 2019.
Reasons
1. Basic facts
A. On April 4, 2018, the Plaintiff supplied sewage of KRW 1600,000 (excluding value-added tax) to the construction cost of the interior and outside tin portion of the Geumcheon-gu Seoul Metropolitan Government Construction Project for Ground Neighborhood Facilities and Multi-household Housing (hereinafter “instant prime contract”) that he received from the Defendant from D Co., Ltd. (hereinafter “D”).
B. On April 18, 2018, the Plaintiff and D, and the Defendant’s name “Agreement on Direct Payment of Subcontract Price (Direct Payment)” (hereinafter “instant Direct Payment Agreement”) were drafted. The Plaintiff and D affixed their names and seals on the said documents, and the Defendant affixed their seals on each page.
(No seal is affixed to the text of this case). The contents of this case’s direct payment agreement are as follows:
(Omission) The portion irrelevant to the dispute shall be omitted. The direct payment (direct payment) agreement shall be the name of the Corporation E in the name of the original contract, and the amount of the first contract for construction of urban-type residential housing, and the name of the construction works for which the subcontract is to be entered into (Omission) the contract period of the 613,580,700 contract (Omission) and the amount of the first contract for the construction of urban-type residential housing, among the construction works for the neighboring and urban-type residential housing, the 106,000,000 project amount of the first contract amount for the construction works for the interior and outside of Korea,
1.In the subcontract between a contractor and a subcontractor under the above contract of construction, the subcontract price is agreed to be paid directly to the subcontractor pursuant to Article 35 of the Framework Act on Construction Industry, Article 29 of the Enforcement Rule, Article 14 of the Fair Transactions in Subcontracting Act and Article 4 of the Enforcement Decree of the same Act
2. Method and procedure for the direct payment of the subcontract price - In principle, the contractor shall specify the particulars of the portion that the subcontractor performed at the time of the performance inspection and completion inspection and shall separately request the payment of the subcontract price. In extenuating circumstances, the contractor may make a lump sum request and request of the subcontractor, but the subcontract price shall be paid directly by the ordering person to the subcontractor - the contractor of the ordering person.